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(영문) 광주지방법원 순천지원 2016.10.07 2016고단1098

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 20, 2008, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on June 20, 2008. On June 28, 2012, the defendant was notified of a summary order of a fine of 5 million won for a violation of the Road Traffic Act (driving) by the same court on June 28, 201, three times of past records of violation of the Road Traffic Act (driving without a license).

【Criminal Facts】

On May 24, 2016, the Defendant driven a 50-meter B string of 0.103% blood alcohol concentration without obtaining a driver’s license at around 20:40 on May 24, 2016, the Defendant driven a vehicle with approximately 50 meters of 0.103% of alcohol concentration from the Do in front of the Jinnamnam-do at the time of drinking to the elimculation.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that the instant crime has been committed again despite the fact that an order to attend a lecture or an order to provide community service had been served several times of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, shall be determined by taking into account favorable circumstances, such as the fact that the Defendant committed the instant crime, the fact that the Defendant recognized the crime and reflects the fact that the Defendant